What makes an attack against civilians widespread or systematic?

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In international criminal law, the classification of an act as a crime against humanity depends on the context in which it occurs. Specifically, such acts—including murder, torture, rape, or enslavement—must be committed as part of a "widespread or systematic attack directed against any civilian population" to meet the legal threshold defined by the Rome Statute of the International Criminal Court.312

While the Rome Statute establishes this requirement, the terms "widespread" and "systematic" serve as distinct, alternative criteria for the contextual element of the crime:

  • Widespread: This refers to the scale or magnitude of the attack. It implies a large-scale operation involving a substantial number of victims or a broad geographical area.312
  • Systematic: This refers to the organized nature of the acts. It implies a high degree of planning, coordination, or a recurring pattern of violence, rather than random or isolated incidents.312

For a prosecution to succeed, it must be established that the underlying criminal act occurred and that it was carried out within this specific context of a widespread or systematic attack against civilians.2